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Brooklyn Assault Lawyers

In New York and most States, assault happens when an individual hits, kicks, slaps, pushes or verbally threatens another individual. The state of New York imposes harsh penalties to persons charged with assault. Each of these crimes carries a different form of punishment. Offenders stand to face a misdemeanor or a felony charge. Several factors contribute to the kind of punishment to be issued. The courts will consider the extent of physical harm. The weapon used to inflict harm, whether the victim was in a position to defend themselves and the impact of the injury on the victim.

Degrees Of Assault

There are several degrees of assault depending on the severity of the injury and if a weapon is used. In New York assault in the third degree may involve pushing someone and causing a bruise or punching someone and causing a black eye. These acts are treated as a Class A misdemeanor. If found guilty and convicted, this will appear on your record.

Second-degree assault in New York is classified under Class D felony. An example is punching someone so hard that you cause a finger to break or inflicting an injury that requires several stitches. These acts can attract a jail term of up to seven years. The charge will also remain in your record.

First-degree assault is classified as a Class B felony. For a conviction, intent to cause harm needs to be demonstrated. This type of charge often involves the use of a deadly weapon or other dangerous instruments. First-degree assault carries a mandatory prison sentence of 5 years in prison (minimum) and up to 30 years (maximum). Stabbing someone with a knife and causing serious internal injury can fall under first-degree assault.

Possible Defenses In Assault Charges

The circumstances surrounding the assault charge may differ. It is best to consult early with an assault defense lawyer to determine the best defense in your case. The lawyer will examine the facts of your case. The analysis will inform the defense approach. The possible defenses in assault charges include:

Self Defense

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldnโ€™t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law ๐Ÿ™๐Ÿผ๐Ÿ™๐Ÿผ๐Ÿ™๐Ÿผ๐Ÿ™๐Ÿผ๐Ÿ™Œ๐Ÿผโค๏ธ
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were โ€œIโ€™m not worried about itโ€. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taรฏko Beauty
Taรฏko Beauty
2024-03-15
I donโ€™t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and thatโ€™s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now thatโ€™s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words canโ€™t describe how grateful I am to have the opportunity to work with this team. Iโ€™m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

If you have reasonable grounds to believe that you were under attack and acted in self-defense, then you can have the charges dropped. To prove this, you must show the threat of harm or unlawful force. The defense must also demonstrate a reasonable basis for the perceived fear. While self-defense is a common strategy in assault cases, the force used to defend yourself must be reasonable.

Defense of Others

It is similar to self-defense, the only difference is that in this case, the person acted in defense of others. This means that they perceived a real threat and acted so that others are not harmed. The same arguments and limitations used in self-defense also apply to defense of others.

Defense of Property

If you acted on the fear that your home or any other property was under attack, then you can use the protection of property to argue your case. The limitation for force, in this case, is stricter when compared to self-defense. The force applied must be reasonable depending on the perceived threat of damage.

Necessity

The necessity defense applies when someone commits an act that can be deemed as assault, but they did it out of necessity. It means that there was no other alternative to avoid private injury or greater public harm.

Failed mental state

Lack of mental state can be used a defense if someone acted recklessly and caused harm due to a failed mental state. This defense needs to be proved medically. A psychiatrist can be asked to testify to the lack of mental state at the time the accused committed the crime.

Consent

Consent is used as a defense if the victim voluntarily consented to an activity that can cause bodily harm. An example is wrestling or football.

Get Help From a Brooklyn Assault Lawyer

An assault on your record can have far-reaching consequences. Today, almost all organizations and institutions conduct background checks. A conviction will limit your chances of getting employed or even enrolling in certain institutions. Protect yourself and your future interests by working with an assault lawyer. Their expertise and defense can make all the difference in an assault charge.

Don’t deal with Brooklyn Assault Lawyers alone. Speak to the Spodek Law Group today.

Assault is a very common crime that can have very serious consequences. Assault is a violent crime that will be looked upon as a criminal act. If convicted, you could face years in prison, restitution and hefty fines. The degree of which charges can escalate depends upon may factors.

  • Do you have a criminal record?
  • Do you have experience in martial arts?
  • Do you own a firearm?
  • Were you intending on killing the plaintiff?
  • Are you willing to plead guilty?
  • Are you a danger to society?

Our law firm has a vast amount of experience in handling assault cases. We realize that their may be extenuating circumstances that can affect your case. Let our experts help you in your time of need.

It is imperative that you do not speak to the police before contacting a law firm. Our seasoned professionals will look over every aspect of your case for accuracy and flaws. This can be a huge difference between a felony and a misdemeanor. There is a very good chance that your charges can be reduced.

A good lawyer will also intervene on your behalf. There are times when you may have acted out of anger. Let our law firm argue your case for you. We can speak with the judge and convey your motives. Our goal is to secure leniency. We can also get friends and character witnesses to speak on your behalf. These people can attest to your morals, especially if you have a clean record.

There is no doubt that the plaintiff deserves compensation for pain and suffering, but you also have rights under the constitution. That being said, you should always take care to find the best lawyer you possibly can. An assault can land you in jail or in prison. You need to find an attorney who has a solid track record for defending assault cases. You must take worst case scenario into account. A reputable attorney will not be intimidated by the state. They will utilize certain loopholes to work for your advantage. There is a good chance that your sentence can be reduced. This can be done in a number of ways:

  • Apologize to the plaintiff.
  • Handle the plaintiff’s medical expenses.
  • Pay the plaintiff for personal injuries.
  • Compensate plaintiff for loss of earningsA

Some people confuse felony assault with attempted murder. It is imperative that you have an attorney to help you understand what each means.
Felony Assault:

  • Inflicting bodily injury on purpose.
  • Inflicting bodily injury with a weapon.

Attempted Murder:

  • Stalking a person with murder in mind.
  • Obtaining a firearm with the intention of committing murder.
  • Luring an individual to someplace with the hope of murder.
  • Breaking into someone’s home or business with the intention of murder.
  • Acquiring weapons and arranging murder.
  • Convincing someone to commit murder on your behalf.

If you are involved in any of the above it is time to get an attorney yesterday. As seen the charges are vastly different. While both can be very serious, attempted murder can potentially carry a much longer sentence. Either way, you will need professional representation to plead your case.

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